A motion for a mistrial is a declaration of the trial court to terminate the trial and to start over with a new jury since considering to avoid great injustice.
E.G. If a juror were caught fraternizing with one of the lawyers in the case.
Yes, a mistrial does not mean he was found not guilty.
Maybe. If there is a hung jury, the prosecution must decide whether or not to have another trial. If they decline to re-try the case, the defendant would be released. If they decide to have another trial, the defendant would remain in custody to await the new trial, if he/she was in custody for the first trial. Often, after a mistrial, the defense will make a motion or renew a motion for bond or for reduction of bond.
The form that is used in the state of California to file for a mistrial brief is the manifest necessity. The most common cause for a mistrial is a hung jury.
Defendant's do not declare Mistrial. A mistrial is when there is a error in the court proceedings and therefor must start over with a new juror, etc. Judges declare Mistrials.
A mistrial occurs when a trial is terminated before a verdict is reached due to procedural errors or misconduct. A request for a new trial is made after a verdict is reached but is based on legal errors or misconduct that occurred during the trial process.
There was no mistrial. The trial of Casey Anthony was completed and the jury delivered their verdict on July 5, 2011.
what does the word motion mean
what does he telegraphed his motion mean
yes it does mean in motion
Yes.
If a mistrial has been declared, a new jury is seated if the prosecutor brings the case again.
If there was a mistrial the first time